MAGISTRATE'S COURT.

Dominion, Volume 3, Issue 824, 24 May 1910, Page 9

MAGISTRATE'S COURT.

(Before Mr. W. G. Riddell, S.Jt.) IN POSSESSION OF OPIUM. CHINA JIAN FINED .£25. T,A,, , !f i! ii 0 '!. »'? s given by Mr. W. G. Riddell, 5..M., in tho cases in which a Chinese laimdr.vman, '.lini ivee, was charged last week l )y the Collector of Customs (t) with having on May 13 been 5 found in of opium, the ini--1 >vhich is prohibited by law; > (2) with manufacturing opium in a form suitable for smoking; and (3) with hav- [ iug of prohibited good.-;, to • wit, opium. His Worship remarked that tho penalty fixed by statute in two of tho was , <£100, and in the other .£SO. Ho had read the decision of Mr. Justice Edwards in the cases of Hempton v. certain Chiyese, >.i W 1 * iat * keen r iu°-cd by counsel ' V*. ? ho defence, but to his mind the decision did not I'.ifect the present cases ; lam under Section 236 of the Customs Laws Act. in any marked degree. It did perhaps have a bearing on the informa- ' V°? ill! nm . lgr Section f> of the Opium \ -m u^orm ation charged defend- . ant with being found in possession of opium, the importation of which was prohibited by law. Tha section of the Act stated that any person in tfhow possession any such opium or preparation of opium was found was liable to a fine not exceeding £50. The Court had not hztn satisfied that the onium was either imported or purchased. This information must bo dismissed. The other two informations were on a somewhat different footing. Tho whole of the facts presented by the prosecution stood unchallenged, and defendant must be convicted of manufacturing opium, and also of having in his possession prohibited goods. Opium was a prohibited article, and defendant, it must be presumed, knew tho law. Although the Act imposed a fine of «£lOft, the Court could, at its discretion! reduce tho fine to £25, and this he intended to do. On the charge of having possession of prohibited poods defendant would be convicted and fined £100, tho fine to be reduced, to £25. The facts in the other charge being the same defendant would bo convicted and discharged. Mr. Herdman, for the defence, asked his Worship to fix costs of appeal, which were fixed at jCiO. Defendant was ordercd to pay costs. .£1 18s. 6d. TRAWLING IN RESTRICTED AREA. A WARNING TO FISHERMEN. Tho Collector of Customs, Mr. C. S. Nixon, proceeded against David Andrew Sharp, master of tho fishing trawler Phantom, charging him with having used a trawl net to tako fish in a prohibited area of Wellington. Harbour. Defendant pleaded guilty. Mr. Kixon said the case was brought by his Department to bring under notieo of -the public the restrictions laid down ill the Order-in-Conncil,' dated October 21, 1900, which made it illegal to trawl in certain portions of Wellington Harbour. Tho penalty for such a breach was not exceeding .£2O, but the Department: did not press for the maximum penalty in this case. Defendant said. l he was a stranger to Wellington, nn( | j ijj,j n g weather-bound on his way to. tho Wnirnu Bar, ho dropped his trawl in the harbour, not knowing of tho restriction. He would make himself acquainted with the restricted areas immediately. His Worship thought the publicity ! which tho proceedings would get would meet the ends of tho Department. Defendant would bo fined 105... and costs 7s. MAINTENANCE. George Taylor, bootmaker; was ordered •to pay tho sum of 7s, per week towards the support of his illegitimate child and was alto ordered to enter into n bond of i£so and two sureties of Jcio each that he will duly comply with the order. Defendant was also mulcted in costs >£5 9s. The default was fixed at three months' imprisonment. Mr. I>, W. Jackson appeared for complainant. A young man named John Williamson was charged (1) with insobriety and (2) with disobeying an order for the payment of 7s, Gd. per week for the support of his illegitimate child (arrears .£!) Gs. Gd,), A conviction and discharge was entered on the' first charge, and on the second a sentence of ono month's imprisonment was imposed. A[r. Fitzgiblion appeared for complainant. ' ALLEGED THEFT. "Through excessive drinking this man is not in a fit state to plead," said Chief Detective Broberg referring to a man named Walter Fitzmaurice, charged with having, on May 11, at Wellington, stolen a silver cigarette case valued at ,£5, the property of Clus. J. Crawford. On the application of the chief detective accused was remanded for o. week i'or treatment. SUMMARY SEPARATION REFUSED, Reserved judgment was given by Mr. W. G. Riddell, S.M., in tho ease Maw Ann llarlen (Mr. Samuel) v. Jesse Harden (Mr. P. W. Jackson), an application for summary separation, maintenance and costs.

His Worship said the ground of the np- - was tho alleged wilful nogloct 1 of defendant to provide reasonable main- • tenance. The evidence showed that the I parties had been at arm's-length, but | tor a short period after the dato of the I information some maintenance had been i given to applicant. After going fully into the facts of the cose his Worship - said he was not prepared to grant a sum- ' separation on tho evidence placed before the Court. The information would s be dismissed. A FRACTURED BY-LAW. A fino of 103. and costs ?s. was en- ; tercd in the case ofWm. Henry Ballingor, charged with allowing his horso to wander in linakori Road. OTHER CASES. Robert Edward Ilowell was convicted and discharged for insobriety, and for procuring liquor dining tho currency of ft prohibition order tho samo defendant' was convicted and fined 405., in default seven days imprisonment. » James Wilson, alias Henry, was conueted. and fined 205., in default seven days imprisonment for insobriety. Peter Middlemore, Harry Dunn, and Thos. ■Hooves, also charged with insobriety, were each fined 10s., in default 48 hours' imprisoninent. Threo first offenders were lined 10s., two were fined ss„ and a sixth was convicted and discharged.

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